Criminal Sexual Conduct in Michigan - Preliminary Exam

Criminal Sexual Conduct in Michigan - perhaps the most serious group of criminal charges a person can face.
The harsh prion sentences, GPS monitoring, being placed on the Michigan
Sex Offender Registry, and the stigma that comes with a conviction make
Criminal Sexual Conduct in Michigan ("CSC") perhaps more serious
than homicide charges. CSC crimes in Michigan are divided into four "degrees,"
First Degree CSC,
Second Degree CSC,
Third Degree CSC, and
Fourth Degree CSC.

Following Arraignment and Probable Cause Conference, the next hearing for
Criminal Sexual Conduct in Michigan is the Preliminary Examination. The Preliminary Examination is
critical to the way your case turns out. The Preliminary Exam is like a "mini
trial" - the Prosecution calls witnesses to the stand, there is cross-examination,
objections, and arguments. But there is no Jury, and the Prosecution doesn't
have to prove you guilty beyond a reasonable doubt - they only have to
demonstrate the much lower standard of "probable cause" for
the case to go to the next stage. The person who accused you of
Criminal Sexual Conduct in Michigan will take the witness stand, and your attorney will have the opportunity
to cross-examine them, along with any police officers or detectives who
investigated the case (and sometimes a medical practitioner or other special
witnesses). You and your
CSC Defense Attorney may decide to call your own witnesses, even witnesses who are on the Prosecution side.

Here's the issue with the Preliminary Exam in a charge Criminal Sexual
Conduct in Michigan: many lawyers tell their clients to "waive"
the Preliminary Exam, whereby, instead of having the hearing where witnesses
testify, they go on record and "agree" that there is provable
cause to believe that you committed the Criminal Sexual Conduct in Michigan.
Then, the case is "bound-over" from the District Court to Circuit
Court. Doing it this way is less work for the lawyer, but you lose out
on critical things that can help your case later on, including:

An opportunity to "feel out" how the Prosecution witnesses will
present on the witness stand, most importantly the alleged victim of Criminal
Sexual Conduct in Michigan.

An opportunity to "lock down" the testimony of the Prosecution
witnesses, which allows much better planning for trial on charges of Criminal
Sexual Conduct in Michigan.

Where the Prosecution has a relatively weak case, the opportunity to put
up a fight and let them know that you have a competent, prepared Criminal
Sexual Conduct Attorney who isn't backing down.

The opportunity to produce a transcript of the sworn testimony of the Prosecution's
witnesses, so that if they try to tell a different story later, they can
be "impeached."

The opportunity to argue at the end of the Preliminary Exam that the charges
of Criminal Sexual Conduct in Michigan should be dismissed or reduced
to a lesser charge.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.